Constructive and Unfair Dismissal

Under the Employment Rights Act 1996, an employer must have good reason for terminating an employee’s contract and must do so in a legal manner.

If you feel that your employer did not have good reason for dismissing you or did so for an automatically unfair reason, or did not follow the correct procedure when doing so, then this could be considered as unfair dismissal.

Furthermore, if you were forced to leave your job due to bullying or victimisation, changes to your job specification or location without due consultation or warning, extreme disciplinary actions or false accusations of misconduct, then this could count as constructive dismissal.

In both instances, you may be able to take your case to an Employment Tribunal, as long as you have been legally deemed as an employee of the employer in question for over two years.

However, such action should only be taken after considering all other methods of dispute resolution, such as discussing the matter with the employer directly or involving a legal expert in the mediation process.

If this does not provide a satisfactory solution, then you can take your grievance to an Employment Tribunal, which may result in you being reinstated or receiving compensation.

For more information on any of the high quality legal services provided by our employment law solicitors in Birmingham, please contact us.

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